Brazil, Sherry

Applicant Sherry Brazil, a bus operator, sustained an admitted industrial back injury on September 11, 2008, with compensable consequence injuries to her right knee and psyche, and was found permanently and totally disabled. After the PTD award was upheld through the appellate and Supreme Court levels, applicant sought to enforce benefits retroactive to June 13, 2009, the day after temporary disability ended. The WCJ awarded PTD commencing June 13, 2009, a section 4650(d) statutory increase, section 5814 penalties for unreasonable delay, section 5814.5 attorney fees, statutory interest, and commutation of attorney fees. The Board affirmed, holding that under section 4650(b) and Brower, PD payments must be adjusted to the correct rate retroactive to the last date of TD, regardless of when the applicant became permanent and stationary. The Board amended only the manner of commutation of attorney fees, directing payment from accrued unpaid benefits first and any balance commuted horizontally ('off the side') rather than from the far end of the lifetime award.